Research On The Legislative Perfection Of China’s Maternity Security System

The birth guarantee system is the comprehensive protection to the birth behavior,has the narrow sense and the broad sense distinction.In the narrow sense,the maternity security system only refers to the maternity insurance system.The maternity security system in the broad sense is composed of the maternity insurance system and the maternity leave system including maternity leave and paternity leave.In this paper,through the study of the legislation of the maternity security system in the broad sense,the author explores the existing problems of the legislation of the maternity security system and puts forward some legislative suggestions on the improvement of the maternity security system.The relevant provisions of the maternity security system in China are scattered in different laws and regulations and lack of systematic legal provisions.The "population and family planning law" and "social security law" formulated by the standing committee of the National People’s Congress determine the basic framework of the birth security system: the rights of maternity leave and maternity insurance payment subject,coverage,provisions are more general.The special provisions on labor protection for female workers formulated by the state council detailed the maternity leave system,specifying that female workers are entitled to 98 days of maternity leave and the special circumstances of the extension of maternity leave.The ministry of human resources and social security and the ministry of finance suggest the maximum proportion of maternity insurance payment through the way of standardizing documents,which shall be adjusted by the municipal people’s governments according to local conditions.Therefore,the specific rules of our country’s birth security system are adjusted and implemented by each region in accordance with the local actual conditions under the basic principles stipulated by the upper law,lacking the provisions of national unification.Taking the local regulations of the maternity security system as samples,this paper discusses the two major contents of the maternity security system,namely the maternity leave system and the maternity insurance system.On the basis of national laws and regulations,the birth regulations of all provinces have extended the number of days of maternity leave and added the paternity leave system,but the number of days of maternity leave varies greatly among provinces,and there is no relevant policy to guarantee the implementation of the birth leave.As for the maternity insurance system,local rules and regulations are not pay the proportion of birth insurance to make detailed regulations,birth insurance pay rate determined by local specification file by the municipal people’s government,the city as a whole,the overall level is low,so the provinces within large difference of birth insurance pay scale,such problems as lack of different birth insurance as a whole.It is necessary to construct the legal system of birth security system to perfect the birth security system.The national legislation clarifies the basic principles of the maternity security system,determines the maternity leave system through the population and family planning law,stipulates the basic number of days of maternity leave and increases the paternity leave system,guarantees the reproductive rights of citizens equally,and realizes the coordination and unification of the maternity leave system nationwide.Through legislation to clarify the legal responsibility of enterprises and public institutions,the newly added employing units do not implement the system of maternity leave punitive measures,in order to ensure a better implementation of the maternity leave system.We will revise the social security law,expand the coverage of maternity insurance,equally protect the rights of women giving birth,and include women giving birth out of wedlock and rural women in the coverage of maternity insurance.Raise birth insurance to plan as a whole area level,by the adjustment of birth policy of provincial government decides pay proportion of birth insurance,realize birth insurance to plan as a whole at provincial level.The crowd,the right that guarantees birth woman equally,the woman that gives birth out of wedlock and rural women are included in the safeguard limits of birth insurance.Raise birth insurance to plan as a whole area level,by the adjustment of birth policy of provincial government decides pay proportion of birth insurance,realize birth insurance to plan as a whole at provincial level.